Caveat - VOLUME 15/II, AUGUST 2010 - LBH Masyarakat

Ramadhan is supposed to be a holy month for Moslem to fast. Fasting is not just refraining from food, drinks, and also sex during the day – between dawn and dusk, but beyond, is a moment of refraining from negative emotions and further, violent act. As it was happened in previous years, Ramadhan was often filled with violence committed by Moslem hardliners. Last year, FPI staged attacks on night clubs and bars that remained open during the holy month. They attacked food carts catering to those choosing to not fast during the day. This year, they have pledged 5,000 members, and promise more raids than ever before. This escalating situation leaded us to write a Main Report for this edition, titled, Religious Law and Pluralism: The Fight for the Soul of Indonesia's Courts. In this article, we tried to look into the philosophical basis of Sharia Law and come into conclusion that it is compatible with human rights and we don’t need to conflict it one to another. It also respects pluralism in which Indonesia is founded upon.

Ministry of Communications and Information Technology, led by the religiously strict Prosperous Justice Party (PKS), has vowed to block all internet ornography for the month of Ramadan. Though this decision has roundly been criticized as completely impossible, few have criticized the decision as an infringement on the rights to privacy.

In Reportage you may find our latest activities in which we held movie screening entitled Defiance Cry, which was produced by ten ordinary women who come from various backgrounds of former drug users, sex workers, transgenders, and women with HIV. This activity was conducted in cooperation with the Asian Human Rights Commission (AHRC)/Asian Legal Resource Centre (ALRC) and the Women’s International Shared Experience Project (WISE). You may also find update on program management training in Singapore which was attended by one of our staffs, Ajeng Larasati. This training was part of her JusticeMakers 2010 Fellowship, awarded by the International Bridges to Justice (IBJ).

Last but not least, Opinion piece presents you an article written by Zack Wundke, about Will the Real National Police Please Stand Up.

Transcript of "Caveat - VOLUME 15/II, AUGUST 2010 - LBH Masyarakat"

1.
CAVEAT
INDONESIA’S MONTHLY HUMAN RIGHTS ANALYSIS
VOLUME 15/II, AUGUST 2010
MAIN REPORT |
Religious Law and
Pluralism:
The Fight for the
Soul of the
Indonesia’s Courts
Across Indonesia, August 11 will mark the
beginning of Ramadan. For most of Indonesia's
200 million Muslims, that day will be the
beginning of a month of peace, introspection and
restraint. But for the extreme fringe,
represented by groups like the Islamic
Defenders Front (FPI), Ramadan will mark the
start of a campaign of violence, intimidation and
destruction in the name of establishing a state
and legal code based on their version of Sharia
law.
ADDITIONAL FEATURE |
Rethinking the Morality
Basis of Pornography
Pornography tends to represent the extremes of
sexuality. It also represents the extreme of
human liberty. But because of this, it acts like
the canary in the coalmine of human rights. Porn
is the first line of defence for human rights, and
a state cracking down on porn is one that will
crack down on other groups and liberties soon
after. But a state that became competent or even
comfortable with this sort of invasion might
seek more. As strange a metric as it may seem, a
person who is free to look at pornography is a
person who is free. And freedom is worth
fighting for.
OPINION |
Will the Real National
Police Please Stand Up
The longer police misdemeanours go on
unpunished public confidence in the institution
will wane. So far senior police have failed to
stamp their authority over misbehaving officers,
or, have themselves been implicated in the
crimes. If this is allowed to continue it will
undermine the existence of the National Police
as an organisation capable of enforcing the rule
of law.
www.lbhmasyarakat.org
CAVEAT:
Let her or him be aware

3.
C A V E A T | august 2010 | 2
THE EDITOR’S CUT
August is a very special month for
Indonesia. It is a celebration of Indonesia’s
Independence Day which falls on August 17,
and this year marks the 65th year. Amidst
numerous positive achievements made by
Indonesia there are a lot of works that need
to be done. Alleviating poverty, protecting
human rights, eradicating corruption, and
strengthening legal reform initiatives are
some of works that should be seriously
addressed by the Government of Indonesia.
August this year is also a special month for
Moslems in Indonesia and elsewhere, as the
holy month of Ramadhan comes.
Ramadhan is supposed to be a holy month
for Moslem to fast. Fasting is not just
refraining from food, drinks, and also sex
during the day – between dawn and dusk,
but beyond, is a moment of refraining from
negative emotions and further, violent act.
As it was happened in previous years,
Ramadhan was often filled with violence
committed by Moslem hardliners. Last year,
FPI staged attacks on night clubs and bars
that remained open during the holy month.
They attacked food carts catering to those
choosing to not fast during the day. This
year, they have pledged 5,000 members,
and promise more raids than ever before.
This escalating situation leaded us to write a
Main Report for this edition, titled, Religious
Law and Pluralism: The Fight for the Soul of
Indonesia's Courts. In this article, we tried
to look into the philosophical basis of Sharia
Law and come into conclusion that it is
compatible with human rights and we don’t
need to conflict it one to another. It also
respects pluralism in which Indonesia is
founded upon.
In the Additional Feature we present you
another issue which finds its momentum in
this Ramadhan as well, and that is
pornography. Ministry of Communications
and Information Technology, led by the
religiously strict Prosperous Justice Party
(PKS), has vowed to block all internet
pornography for the month of Ramadan.
Though this decision has roundly been
criticized as completely impossible, few
have criticized the decision as an
infringement on the rights to privacy.
In our Rights in Asia column we have
updates on human rights situations in
Pakistan in which the flooding situation has
caused more than 1,600 people have been
killed by the flood waters that left more
than 2 million people homeless and more
than 20 million people affected. Updated
situation on human rights in Nepal and Sri
Lanka are included.
In Reportage you may find our latest
activities in which we held movie screening
entitled Defiance Cry, which was produced
by ten ordinary women who come from
various backgrounds of former drug users,
sex workers, transgenders, and women with
HIV. This activity was conducted in
cooperation with the Asian Human Rights
Commission (AHRC)/Asian Legal Resource
Centre (ALRC) and the Women’s
International Shared Experience Project
(WISE). You may also find update on
program management training in Singapore
which was attended by one of our staffs,
Ajeng Larasati. This training was part of her
JusticeMakers 2010 Fellowship, awarded by
the International Bridges to Justice (IBJ).
Last but not least, Opinion piece presents
you an article written by Zack Wundke,
about Will the Real National Police Please
Stand Up.
As usual, we welcome your comments,
suggestions
and
criticisms
to
contact@lbhmasyarakat.org.
Thank you for your ongoing support.
The Editor
L E M B A G A B A N T U A N H U K U M M A S Y A R A K A T

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C A V E A T | august 2010 | 3
MAIN REPORT
Religious Law and Pluralism:
The Fight for the Soul of
Indonesia's Courts
the full implementation of their version of
Sharia law.
Across Indonesia, August 11 will mark the
THE PATH
beginning of Ramadan. For most of
Indonesia's 200 million Muslims, that day
It is correct to say “their version,” because
will be the beginning of a month of peace,
Sharia law represents an incredibly broad
introspection and restraint. But for the
tradition. Appropriate to its vague and
extreme fringe, represented by groups like
broad nature, the word itself in Arabic
the Islamic Defenders Front (FPI), Ramadan
means 'the path.' Similar to Halakha in
will mark the start of a campaign of
Israel or Hindu Law systems, Sharia derives
violence, intimidation and destruction in the
its authority from religion. But it would be
name of establishing a state and legal code
mistaken to assume that Sharia law is
based on their version of Sharia law.
derived only from the Koran. Historically,
Urban Indonesians have “…it would be mistaken to assume Sharia judgments were
learned to expect these that Sharia law is derived only based also on precedent as
outbursts. Last year, FPI from the Koran. Historically, Sharia well as analogical and logical
staged attacks on night judgments were based also on reasoning. The various ways
clubs and bars that precedent as well as analogical and of interpreting the law,
remained open during the logical reasoning. The various ways validating precedents and
holy month. They attacked of interpreting the law, validating constructing decisions have
precedents and constructing
evolved into a variety of
food carts catering to those
decisions have evolved into a
choosing to not fast during variety of codified systems. Even codified systems. Even
these
systems,
the
day,
assaulted within these systems, scholars and within
scholars
and
religious
educational programs for religious leaders debate meaning,
the LGBT community, and best practices and the validity of leaders debate meaning,
crashed
services
for ideas extrapolated from other best practices and the
validity of ideas extrapolated
members of other faiths. traditions.”
from other traditions.
This year, they have pledged
5,000 members, and promise more raids
In most Sharia systems, the key to the
than ever before.
system's legitimacy is its optional nature.
Sharia
law,
according
to
most
Even as their violence and militancy
interpretations of the Koran, cannot be
galvanizes public opinion against the
applied to non‐Muslims. Its acceptance,
extremists, their support base is expanding.
ideally, is based on the esteem people have
FPI is enacting a systematic intimidation
for the fairness and justness of its decisions.
campaign against both Christian minorities
Aiming for this acceptance leads limited
and “misguided” moderate Muslims in
Sharia systems to strive for fairness and
Bekasi, a district west of Jakarta. In late June
expediency
in
conflict
resolution.
of this year, the groups united to push for
Consequentially, even non‐religious legal
government support of their central aim‐
systems like the U.K have established Sharia
BACKGROUND
L E M B A G A B A N T U A N H U K U M M A S Y A R A K A T

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C A V E A T | august 2010 | 4
courts for the resolution of family disputes.
The UK Sharia courts have no real legal
power, cannot be used for criminal disputes
and only have power as an arbitrator of
conflicts such as divorce, inheritance and
neighbourhood nuisances. Nonetheless, the
courts have become remarkably popular
among the UK's Muslim minority, and a
similar religious tribunal, the Beth Din, has
been used by the UK's Jewish population for
centuries.
This version of Sharia, based on consent and
limited in its power, is not the system
groups like FPI are championing. They
instead advocate a system of total Sharia
law, similar to those used in Saudi Arabia
and Iran, where strict punishments and
codified discrimination are compulsory
legal principles. Proponents of a hard‐line
interpretation favour Sharia systems
because they believe in the infallibility,
universal applicability and strict importance
of anything suggested by their religion.
But proponents also make more complex
arguments in favour of the adoption of
strict, discriminatory Sharia law. The
adherence to religious principle means that
people trust the court more. Much as the
commonplace swearing of a religious oath
before testimony creates more honesty
from witnesses, a system based on that
same religiosity writ large may result in
greater participation in and cooperation
with the legal
To see beyond the theoretical
system.
discussion, one doesn't have to Supporters of
go to Iran or Saudi Arabia. Sharia's harsh
Within Indonesia's borders,
and inhumane
Aceh provides a striking case­
study of the kind of legal penalties, such
caning,
system FPI would impose. On as
dismemberme
August 6, Aceh's “Vice and
Virtue” police publicly beat five nt and stoning
convicted offenders with a to death, say
cane for the 'moral offenses' of those penalties
gambling and adultery. Over are in fact
1,000 people came out to beneficial for
watch the event.
society because
they create an effective deterrent to crime.
That, combined with the quickness of Sharia
systems (which have no lawyers, no
discovery, and no appeals), means that it is
“more successful” and dealing with
criminals. And dealing with criminals,
supporters say, is key to getting justice for
the victims. Though supporters of Sharia
law are an extreme minority, their
arguments are identical to those used in by
secular regimes the world over to defend
similar human rights abuses. For instance,
arguments from deterrence, speed and
closure for victims sound exactly the same
from a proponent of the death penalty in the
United States. Strict Sharia may not be the
only legal philosophy that violates human
rights, but it is certainly an increasingly
powerful one.
THE REALITY
To see beyond the theoretical discussion,
one doesn't have to go to Iran or Saudi
Arabia. Within Indonesia's borders, Aceh
provides a striking case‐study of the kind of
legal system FPI would impose. On August 6,
Aceh's “Vice and Virtue” police publicly beat
five convicted offenders with a cane for the
'moral offenses' of gambling and adultery.
Over 1,000 people came out to watch the
event.
Aceh's Vice Police were given authority to
enforce strict Sharia in 2008. Most days, the
Vice Police patrol the streets for anyone
violating a strict code of moral conduct. If
they find, for instance, a young couple that
look 'suspiciously' romantic out of wedlock,
they will take them into custody. In January,
the vice police arrested one such young
woman out with her boyfriend, a 20‐year
old student, and gang raped her while in
custody. An International Crisis Group
called the Vice Police, a "haphazardly
recruited, poorly disciplined, and poorly
supervised force that distinguishes itself
more by moral zeal than legal competence."
The Aceh Vice Police are equal parts rogue
element and state‐sanctioned actor.
Although they were originally meant to
inform people about the Sharia codes and
turn evidence over to police, the state has
overlooked their expanded role in Aceh
society. Their abuses are a symptom of a
long shift from moderate Sharia to a more
absolute interpretation. In 2001, as part of
an agreement that ended decades of civil
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C A V E A T | august 2010 | 5
war in Aceh by giving it autonomy, the
judiciary, there is little to stop innocent
Indonesian government authorized Aceh to
people from being punished‐ especially
use Sharia law. In 2003, the provincial
those from targeted minorities.
governor announced they would open
Islamic courts “in a gradual way, and
Despite all these violations and injustices,
moderately.” By 2009, Aceh's parliament
many Indonesians, and the Indonesian state,
passed a law that would allow stoning for
approve of Sharia in Aceh via the ideal of
adulterers, harsher penalties for already‐
legal Pluralism. Aceh can have a
criminalized homosexuality. The governor
discriminatory legal system, proponents
refused to sign the law, after outcries from
say, because it would be wrong for the
the rest of Indonesia and the international
federal government to impose its legal
community, but a law broadening the reach
system on an area that doesn't consent to
and responsibilities of Sharia officers was
secularity. But if that logic is true, then how
still passed.
can the Aceh government impose its
religious standards on non‐Muslims or
Though Sharia in a limited role can be
Muslims that disagree with their strict
compatible with human rights, the kind
interpretation? Pluralism is infinitely
imposed in Aceh cannot. Consider what
regressive. It is a principle that equally
happens when the system breaks down. In
supports Aceh's freedom to practice Sharia
the aforementioned instance of the young
as it does for the minorities of Aceh to be
student raped by Sharia officers, within that
free from the practice of Sharia. The only
system she will have no legal recourse. In
resolution to this riddle is a human rights
strict Sharia systems, unless the rapist
system that defends individuals first and
confesses, it takes four witnesses to prove
always from the predation of the powerful.
the charge. In addition, the testimony of
men is given twice the weight of women, so
As the practices of Sharia in Aceh become
if the offenders deny the charges, there is
more hard‐line, this defense of the practice
virtually nothing the victim can do to get
based on consent is weakening. According
recourse. This principle is compounded by
to a 2007 poll in Aceh by Conciliation
other laws which can be used against
Resources found that only 7.2 percent said
women, such as the law that says a woman
that Sharia was important issue and only
in public alone at night may be prosecuted
23.3 percent were happy with its
as if she were a prostitute. In June, Aceh
implementation. And yet 87.3 percent felt
police carried out several raids with the sole
Sharia could solve the problems of Aceh.
aim of arresting women wearing tight pants.
These results are mystifying. Perhaps, much
like the rest of Indonesia,
Pluralism
is
infinitely
Even in common scenarios, regressive. It is a principle Aceh's strict Sharia proponent
rights violations are common. that equally supports Aceh's groups are merely a vocal
Being unable to utilize the freedom to practice Sharia minority, and are taking Sharia
services of a lawyer, it is even as it does for the minorities law in a direction not intended
less likely than in a secular legal of Aceh to be free from the by the moderate majority. Or
system that a defendant will practice of Sharia. The only perhaps Sharia's status as a
know or understand what they resolution to this riddle is a pluralistically defined 'path'
are being charged with or how human rights system that makes it unsuitable as the
to defend themselves. The defends individuals first and basis of a universally
always from the predation of
applicable criminal code in the
sentences often involve corporal the powerful.
first place.
punishment
resulting
in
permanent physical damage and
disability. There is also no oversight and no
THE FUTURE
appeals court to correct for injustice. Even
in the best secular law systems, criminal
On August 8, back in Bekasi, hundreds of FPI
rights are often trampled. Without the
members forced their way past police and
appeals court and defence attorneys to act
assaulted a congregation of Sunday
as the check on an overzealous police and
churchgoers. According to an August 10
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C A V E A T | august 2010 | 6
Jakarta Post article, dozens of Christian
worshipers, mostly women, were badly
beaten. But unlike earlier attacks, this one
has resulted in an outpouring of public
outrage online and in public, which may
convince politicians that Pluralism does not
mean supporting groups like FPI. Where
hard‐liners were winning political seats and
enacting changes just months earlier, public
opinion in Bekasi has begun to turn against
FPI.
A government effort to appease FPI, by
promising to ban all online pornography
during Ramadan, was recently declared
totally impossible by the Communications
ministry. That effort may describe the
militant Sharia movement as a whole:
receiving government lip‐service, but too
impractical and too extreme to expect
anything but long‐term failure. Aceh's
example, where a 'moderate' Sharia system
gave way to a religious police state over the
course of a decade, should be a lesson for
defenders of human rights. Nonetheless,
there will likely never be an Aceh‐like
Sharia system in Jakarta or the rest of
Indonesia; too many of Indonesia's Muslims
respect the rights of others and are
determined to stick to the path of peace.
Sharia, and discriminatory legal codes like
it, may be 'the path' for some. But despite
the attacks that will come in August, it will
never be the way forward for Indonesia.
(SN).
Aceh's example, where a 'moderate'
Sharia system gave way to a religious
police state over the course of a
decade, should be a lesson for
defenders
of
human
rights.
Nonetheless, there will likely never be
an Aceh­like Sharia system in Jakarta
or the rest of Indonesia; too many of
Indonesia's Muslims respect the
rights of others and are determined
to stick to the path of peace. Sharia,
and discriminatory legal codes like it,
may be 'the path' for some. But
despite the attacks that will come in
August, it will never be the way
forward for Indonesia.
--
L E M B A G A B A N T U A N H U K U M M A S Y A R A K A T

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ADDITIONAL FEATURE
Rethinking the Morality Basis of
Pornography
It's been a difficult year for pornographers
attempt to dissuade them from participating
in Indonesia. In March, Indonesia's
in it is just another form of domination.
Constitutional Court rejected an appeal
from free speech advocates to overturn the
Putting those questions aside, a much more
nationwide ban on pornographic materials.
pertinent issue, though no less complicated,
Following up on that decision, the Ministry
is the interaction between pornography and
of Communications and Information
human rights. Not whether or not it is
Technology, led by the religiously strict
harmful or beneficial but whether or not the
Prosperous Justice Party (PKS), has vowed
state has a right to ban it in the first place. In
to block all internet pornography for the
any discussion of the legality of porn, there
month of Ramadan. Though
is little consensus in the
this decision has roundly Both the Ministry and the human rights community.
been
criticized
as Constitutional Court's reasoning Ostensibly, an appeal to
completely impossible, few was ostensibly based on the most human rights applies to both
have criticized the decision common argument to ban sides. So where should a
as an infringement on the pornography: harm to the conscientious human rights
rights of producers and community. That debate, whether advocate stand?
or not porn harms the community,
consumers of porn.
is a separate one; one long enough
As any legal defender or
to merit its own article entirely.
Both the Ministry and the Most data, based on studies in human rights advocate
Constitutional
Court's Japan, the U.K and the U.S, knows, it is unreasonable to
reasoning was ostensibly concludes that there is no link expect to always represent
based on the most common between the presence of porn in a likable people. Drug users,
argument
to
ban society and an increase in major for instance, may make
pornography: harm to the sexual crimes. The discussion on choices we might not
community. That debate, what it does to the tendency of men approve of. Or at least,
whether or not porn harms to objectify, however, women is choices we would not choose
the community, is a separate much less clear.
for ourselves. But it is often
one; one long enough to
because the groups we
merit its own article entirely. Most data,
represent are morally ambiguous that they
based on studies in Japan, the U.K and the
are most in danger of having their rights
U.S, concludes that there is no link between
abused. Independent of what one things of
the presence of porn in a society and an
the product they make, human rights
increase in major sexual crimes. The
advocates should defend the rights of
pornographers as a way to fight for those
discussion on what it does to the tendency
rights for everyone.
of men to objectify, however, women is
much less clear. Many argue that it is
The first right in question is the right to free
degrading to everyone involved. Some
speech. In systems like the U.S and U.K, high
argue, however, that porn lifts the stigma
courts have declared pornographic
against sexual minorities who, though they
materials to be protected forms of speech,
cannot connect in public, may find normalcy
falling into the category of art. Certainly, the
in their sexual orientation via the privacy of
ability to create and view art, as well as
the internet. In agreement with this view, a
political speech, is an important right. In
new wave of ‘sex‐positive’ feminists argues
order to protect pornography under this
that pornography can actually be
rationale, one doesn't have to believe that
empowering for women, and that a state's
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9.
C A V E A T | august 2010 | 8
all, or even most, pornography is artistic or
political. Rather, the concern is that the
state has no fair or objective way to decide
what pornographic material is worthwhile.
Once a state says a pornographic piece of art
is 'obscene,' what is to stop them from
declaring the same thing about a political
expression? Or a religious one?
This argument is particularly persuasive
when one considers how arbitrary and
varied ideas about obscenity are. Around
the world, and indeed, even within
Indonesia, the ideas about what qualifies as
'sexually obscene' may vary. As much as an
uncovered shoulder may seem perverted to
some, while for some far‐flung residents,
exposed breasts may be commonplace and
unexciting. Within a pluralistic and
heterogeneous society, there seems to be no
metric for consensus.
It is not hard to
If we disapprove of state
imagine how the
that
prevents
two
consenting adults from right to free speech
expressing their love in the in pornography is
privacy of their bedrooms, related to other
how can we say that kinds of banned
videotape cannot be part of materials.
In
that experience? To endorse banning both pro‐
a ban on pornography is to communist
and
invite government officials
pornographic
into the bedroom, and once materials,
the
the state has a place there; it
constitutional
is very difficult to ask them
court of Indonesia
to leave.
used
identical
argumentation. It is unsurprising that
countries that block online pornography are
far more likely to also block online
information that is critical of the
government, as happens in both China and
Turkey. It seems reasonable that in order to
campaign for the right to free speech in
important instances, one must also defend it
in the case of porn.
The right to sexual privacy is intimately
involved with the freedom of speech. Their
aim is the same: to allow individuals, alone
or with other consenting adults, to pursue
goals that make them happy. So long, of
course, as they aren't harming a third party.
Sexual privacy is the right that allows gay
men and women to love whom they choose,
even if others in society hate them for it.
This is also the same right that allows
consenting adults (of legal age) to have sex
before marriage. A state that disregards this
right has the ability to step into people's
bedrooms, regulate who they can have sex
with, and how, and when. Criminalizing
homosexuality is not only a human rights
violation in and of itself, but an invitation to
societal abuse and discrimination.
Additionally, sexual privacy has particular
significance for women. The ability to buy
and use contraceptives, to choose who they
will marry and sleep with, and to have
access to sexual education is key to both
their empowerment and general well‐being.
Few women would choose to return to a
time when men, and the state, controlled
their sexual decisions.
If we disapprove of state that prevents two
consenting adults from expressing their
love in the privacy of their bedrooms, how
can we say that videotape cannot be part of
that experience? To endorse a ban on
pornography is to invite government
officials into the bedroom, and once the
state has a place there; it is very difficult to
ask them to leave.
Pornography tends to represent the
extremes of sexuality. It also represents the
extreme of human liberty. But because of
this, it acts like the canary in the coalmine of
human rights. Porn is the first line of
defence for human rights, and a state
cracking down on porn is one that will crack
down on other groups and liberties soon
after. But a state that became competent or
even comfortable with this sort of invasion
might seek more. As strange a metric as it
may seem, a person who is free to look at
pornography is a person who is free. And
freedom is worth fighting for. (SN).
‐‐
L E M B A G A B A N T U A N H U K U M M A S Y A R A K A T

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OPINION
Will the Real National Police Please Stand Up
By: Zack Wundke
On Sunday the 23rd of August a rally in
In the latest saga in this ongoing drama of
Central Jakarta urged the President to take
ineptitude, National Police Chief Gen.
immediate and decisive action to clean up
Bambang Hendarso Danuri’s whereabouts
the nations beleaguered police force. A
was unknown for 3 days and his absence
petition containing 500 signatures including
from a number of events was unexplained,
members from Community Legal Aid
before finally he reappearing on the 16th of
August. Police spokespeople gave a range of
Institute (LBH Masyarakat), Indonesia
alibi’s justifying the disappearance, some
Corruption Watch (ICW), Commission for
more believable than others, and Danuri
Missing Persons and Victims of Violence
himself never clearly explained what
(KontraS) was presented and read out to
happened since his re‐emergence. It has
the crowd in attendance, with Taufik Basari,
been widely speculated in the media that
an advocate, human rights lawyer, and
Danuri has cracked under the constant
Chairperson of the Board of Directors of
pressure of the scandals currently rocking
LBH Masyarakat telling the rally, “We
the force, including his own failure to reveal
strongly urge President Yudhoyono to take
transcripts of wiretapped telephone
extraordinary, courageous, fundamental
conversations which he alleged implicate
and firm measures.”
Corruption Eradication Commission in graft.
His disappearance delayed the hearing and
Among the petition’s demands is for the
does not demonstrate that the Chief of
President to take effective action to dismiss
National Police is serious about applying the
senior members of the National Police who
rule of law unto himself. Danuri has since
have been involved in case fixing,
been sued for ‘telling a public lie’ over his
corruption or serious disciplinary breaches.
failure to produce the transcripts and
Activists then affixed personal messages
wiretaps he claimed to have.
intended for the President to at ‘tree of
hope’. But given the number of scandals
longer
police
now involving the National In a democratic society such as The
go
on
Police and senior officers it Indonesia the police should play misdemeanours
now appears this demand an essential role in ensuring the unpunished public confidence
would require SBY to quite application of law and the in the institution will wane. So
literally – and to borrow protection of citizens rights, but far senior police have failed to
from the tree metaphor – currently this scandal wracked stamp their authority over
chop off the upper branches institution in Indonesia is in dire misbehaving officers, or, have
of the tree that is the need of saving, largely from themselves been implicated in
itself. If no one from within the
National Police. The police National Police is willing to put the crimes. If this is allowed to
are still reeling from the their foot down and start continue it will undermine the
allegations reported in extracting the rotten apples from existence of the National
Police as an organisation
Tempo magazine over the the force, then who will?
capable of enforcing the rule
implausibly large bank
of law. In a democratic society such as
accounts of senior officers, and so far
Indonesia the police should play an
serious investigative action has taken place.
essential role in ensuring the application of
The President still refuses to be drawn on
law and the protection of citizens rights, but
such issues, and his focus seems to be on the
currently this scandal wracked institution in
more trivial issue of whether or not it would
Indonesia is in dire need of saving, largely
be possible for him to take office for a third
from itself. If no one from within the
term..
National Police is willing to put their foot
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11.
C A V E A T | august 2010 | 10
down and start extracting the rotten apples
from the force, then who will?
Bambang Hendarso Danuri’s missing in
action stunt has demonstrated how inaction
and sweeping issues under the carpet is
only compounding the problem of the
police. If the Chief of Police has taken to
hiding, responsibility lies with the
government to stand up: the same
government to whom SBY was elected to on
a campaign platform to eradication of police
corruption. The perfect stage for SBY to
demonstrate his mettle and commitment to
reform has now been set. With the upper
echelons of the National Police in disarray
and the media and public now demanding
action, the only thing left is to see if SBY is
willing to ascend to that stage.
Zack Wundke is the Editor of CAVEAT.
L E M B A G A B A N T U A N H U K U M M A S Y A R A K A T

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C A V E A T | august 2010 | 11
RIGHTS IN ASIA
Information contained in this column is provided
by the Asian Human Rights Commission (AHRC).
PAKISTAN: Flooding situation not
addressed by aggravated by the
authorities
The flooding in Pakistan following the heavy
rains is one of the worst natural disasters in
Asia in the last few decades. While millions
are affected, the response from the
authorities has been poor. More than 1,600
people have been killed by the flood waters
that left more than 2 million people
homeless and more than 20 million people
affected. Around 5000 villages were
inundated and thousands of people are
stranded with no hope of relief from their
government.
According to reports in the Pakistan press
intentional breaches were made in the
protective embankments at Ghospur and
Thorhee bands, Sukkur district, Sindh
province in order to protect the agriculture
lands of President Mr. Asif Ali Zardari Mr.
Qaim Ali Shah, the chief minister of Sindh
province, Mr. Khursheed Shah, the federal
minister and other politically influential
persons in the coalition government. The
breaches have affected the urban
population of Sukkur district and its
adjoining areas where many places remain
submerged.
Nepal: Nepal Army declares murderer
Maina Sunuwar innocent after internal
inquiry
On 17 February 2004, fifteen‐year old
Maina Sunuwar was arrested from her
home by 15 personnel of the then Royal
Nepalese Army. They were looking for her
mother who had reported the gang rape and
killing of her niece by security personnel
earlier that month.
Maina was then taken to an army camp. The
details of the enforced disappearance,
torture and killing of this 15‐year‐old girl
while in army custody has triggered the
indignation of the Nepalese civil society and
the international community.
The continuous struggle by her parents to
know the truth about the fate of their
daughter and to get justice has therefore
received overwhelming support. In spite of
this continuous pressure, the Nepal Army is
still resisting attempts to introduce
accountability within its ranks and the
civilian justice institutions have so far failed
to make the Army abide by its rulings. The
Nepal Army announced on 14 July that an
internal inquiry had found Major Basnet
'innocent' of the torturing to death of Maina
Sunuwar. The families of the victim are
shocked and call for further international
support.
Sri Lanka: Contempt of Court law
urgently needed
Sri Lanka suffers from an exceptional break
down of the rule of law after decades of
politicisation and executive control of public
institutions. Courts play a key role in
protecting justice and enforcing the law and
human rights. The role of the court cannot
be fulfilled unless they win the confidence of
the people. However, in Sri Lanka fear of
institutions obstructs the effective work of
the judicial system. The current contempt of
court law was designed to protect the
independence of the judiciary but is
repeatedly used against claimants and other
victims of institutional misconduct. The Bar
Association of Sri Lanka has now produced
a draft law on contempt of court. To support
its
enactment
please
visit
http://campaigns.ahrchk.net/contemptofco
urt/ It should be enacted as soon as possible
so that a law can assist in the prevention of
this abuse.
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REPORTAGE
Defiant Cry: A Movie Mad by Ten
Ordinary Women
Lembaga Bantuan Hukum Masyarakat (LBH
Masyarakat) in cooperation with the Asian
Human Rights Commission (AHRC)/Asian
Legal Resource Centre (ALRC) and Women’s
International Shared (WISE) Project held a
movie screening entitled Defiant Cry, on
Friday, August 13, 2010, at the Institute of
Italian Culture, Jakarta. The movie itself is
produced by ten ordinary women who come
from various backgrounds such as female
drug users, sex workers, transgender and
women who are HIV positive – all of whom
had received a ten‐day training on film‐
making and use of internet technology to
advance their advocacy efforts.
WISE itself is a program which was initiated
by AHRC/ALRC and uses Asia as its work
region. Prior to coming to Indonesia, WISE
has worked in Pakistan to empower ten
ordinary women who have suffered from
gender‐based violence and live in poverty.
After Indonesia, WISE will continue its work
in Thailand/Burma and Sri Lanka. “WISE
aims to provide training for women to make
a film and use the internet technology as a
media of communication and encourage
them to carry out and continue this sort of
activity once the WISE program finished,”
said Danielle Spencer, Project Coordinator
of WISE.
Spencer quoted a global survey conducted
in 1999 by the World Bank amongst 60,000
people living on less than a dollar per day.
When asked what they felt would make the
greatest difference to their lives, the
number one answer, above even food and
shelter, was access to a voice. Women and
girls are worst affected by poverty
worldwide and yet are crucial participants
in the successful development of their
country. Women were therefore a vital
target group to engage in this participatory
video project within Asia.
In Indonesia, the participants come from
backgrounds of HIV and drug use. They
were selected because their life experience
and background would be useful as lessons
for others. In addition, they have been too
long
stigmatised
and
too
often
discriminated, leading them to peripheral of
the society where their voices are unheard.
Female drug users are easily stigmatised
and rejected by their families, while male
drug users are considered to be common
bad boys. A female sex worker is considered
as immoral – which negates the notion that
their existence is inseparable from the
presence of male sexual predator. A male
transgender will be expelled from the family
meanwhile a female transgender will be
forced to be still ‘female’ by the family.
Women with HIV are considered sinful
people who are believed to have gotten the
HIV from a ‘free‐sex’ act. Based on this dire
condition, these women are invited to the
training and to make a movie that portrays
the problematic nature of women’s rights in
relation to poverty and HIV issues in
Indonesia in general and Jakarta in
particular. The movie is simply their
interpretation of such problems from their
perspectives and put into the social,
economic, and cultural context.
‐‐
IBJ Fellows Gathered in Singapore to
Unite for Justice
Ajeng Larasati, LBH Masyarakat’s staff
member who has been awarded as one of
the JusticeMakers Fellows 2010 of the
International Bridges to Justice (IBJ) flew to
Singapore on August 10, 2010 to attend a
one week training on program management
and legal defense practice. The training
itself was jointly organized by the IBJ and
the Lien Centre for Social Innovation of the
Singapore Management University (SMU).
The training took place at Lee Kong Chian
School of Business and The American
Chamber.
The training opened with an introduction to
IBJ by Karen Tse, CEO and Founder. She
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C A V E A T | august 2010 | 13
shared her experience, views, and values in
running IBJ. One of her particularly
inspiring sayings was that “today we live the
dream we had yesterday, and make visions
for tomorrow”. After that, all of the
participants were asked to tell the others
about themselves and share their dreams.
Some guest‐trainers were invited by the IBJ,
including Mrs. Persida Acosta, Chief of
Public Attorney’s Office in the Philippines
who gave a presentation about protecting
lawyers when at risk.
The rest of the six day training was filled
with very practical materials using the
sharing‐session method. Duet Leslie
Medema and Sue Suh gave their
presentation about fostering motivation and
leadership in a very attractive way. Their
presentation was ended nicely as the
session was full of emotions throughout its
entirety. Meanwhile Constance Bernstein
provided a session about the non‐verbal
attributes of a persuasive presenter which
showed the participants about body
language of a good presenter and how to
make a good and effective presentation.
Another trainer who shared her experience
about media‐management was Francesca
Segre. Overall, the training was filled with
practical material, lessons learned from
fellow participants’ dreams and experience
drawn from the skilled trainers.
‐‐
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ABOUT US
Born from the idea that all members of
society have the potential to actively
participate in forging a just and democratic
nation, a group of human rights lawyers,
scholars and democrats established a non‐
profit civil society organization named the
Community Legal Aid Institute (LBH
Masyarakat)
LBH Masyarakat is an open‐membership
organisation seeking to recruit those
wanting to play a key role in contributing to
the empowerment of society. The members
of LBH Masyarakat believe in the values of
democracy and ethical human rights
principals that strive against discrimination,
corruption and violence against women,
among others.
LBH Masyarakat aims for a future where
everyone in society has access to legal
assistance through participating in and
defending probono legal aid, upholding
justice and fulfilling human rights.
Additionally, LBH Masyarakat strives to
empower people to independently run a
legal aid movement as well as build social
awareness about the rights of an individual
within, from and for their society.
LBH Masyarakat runs a number of
programs, the main three of which are as
follows: (1) Community legal empowerment
through legal counselling, legal education,
legal clinics, human rights education,
awareness building in regard to basic rights,
and providing legal information and legal
aid for social programs; (2) Public case and
public policy advocacy; (3) Conducting
research concerning public predicaments,
international human rights campaigns and
advocacy.
These programs are conducted entirely in
cooperation with society itself. LBH
Masyarakat strongly believes that by
enhancing legal and human rights
awareness among social groups, an
independent advocacy approach can be
adopted by individuals within their local
areas.
By providing a wide range of opportunities,
LBH Masyarakat is able to join forces with
those concerned about upholding justice
and human rights to collectively participate
and contribute to the overall improvement
of human rights in Indonesia.
L E M B A G A B A N T U A N H U K U M M A S Y A R A K A T